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SAN DIEGO (CNS) - The father of two children who died in a Rancho Bernardo condominium fire fell asleep while drunk with a lit cigarette in his hand and then abandoned his kids to try and save himself, a prosecutor said Tuesday, while a defense attorney told jurors that a defective cell phone was a far more likely ignition source. Jurors heard final summations, then began deliberating the charges against Henry Lopez, 39, who is charged in the Oct. 28, 2017, deaths of his 7- year-old daughter Isabella and 10-year-old son Cristos. He faces up to 14 years in prison if convicted of involuntary manslaughter, child endangerment and reckless fire starting. Deputy District Attorney Kyle Sutterley alleges that Lopez got drunk following an argument with his girlfriend, fell asleep and ignited a blaze in his bed. The prosecutor alleges that Lopez, upon waking to find the condo ablaze around 3:15 a.m., went past the children's bedrooms on his way down the stairs and punched out a first-floor window to try and escape the flames. He then went back upstairs and started pounding on the walls, then passed out from the smoke at the top of the stairs, where firefighters later found him, Sutterley said. According to the prosecutor, Cristos walked into his father's burning bedroom, laid down on the floor and died of burns to more than 80 percent of his body. Isabella went into her brother's room, laid down on the bottom bunk bed and ``fortunately never woke up'' after passing out due to smoke inhalation, Sutterley said. ``A parent has a responsibility to care for their children, a responsibility to protect their children, and if need be, to sacrifice themselves for their children. And Henry Lopez, on Oct. 28, 2017, he failed his children, and as a result, one of them burned to death, and one of them went to sleep and never woke up,'' Sutterley said in his closing argument. Defense attorney Paul Neuharth Jr. alleges it was more likely that his client's iPhone 6 caused the blaze while it was charging beneath Lopez's pillow. Neither cigarette butts, nor the phone, were found in the remnants of the blaze. Sutterley said investigators located a drinking glass within the area where the fire started, which may have been used as a makeshift ashtray. Prosecutors say a similar glass full of around 75 discarded cigarette butts was located in a trash can in the home's garage. However, no cigarette butts were found inside the glass in the bedroom. Neuharth told jurors there was no proof that a lit cigarette started the fire, with the only evidence of smoking inside the home coming from the defendant's ex-wife, Nikia, who said she once witnessed him smoking marijuana in his bed. Lopez told investigators he only smoked on his outside patio and never inside the house, particularly due to his son's asthma. Wayne Whitney, an investigator with the San Diego Fire Rescue Metro Arson Strike Team, testified last week that despite the lack of cigarette butts in the burned bedroom, he was able to make a ``reasonable inference'' that cigarettes sparked the fire, by way of Lopez's alleged smoking habits. Whitney conceded that the cell phone was a possible cause of the fire, but said he didn't believe it would have ignited the condo fire if it were under Lopez's pillow, as a lack of oxygen would have smothered the blaze and kept it from spreading. Sutterley said the burns Lopez sustained on his back, arms and particularly his hand were more consistent with holding a lit cigarette, rather than a cell phone igniting beneath his pillow, which Sutterley argued should have caused burns to Lopez's head. Neuharth emphasized that Whitney came to his conclusion despite no evidence that Lopez smoked in the home that day, while on the other hand, cell phone records proved the phone was in the condo, though it's unknown whether it was in Lopez's bedroom. Wall outlets and candles in Lopez's bedroom were ruled out as potential causes of the blaze, as they were outside the area where investigators believe the fire began. Smoke detectors in Lopez's bedroom and one of the children's rooms were unplugged or removed, according to Sutterley, who said Lopez had a 0.229 blood-alcohol content when blood was drawn at a hospital less than two hours after the fire. Neuharth contested the idea that Lopez did not do whatever he could to try and save his children, telling the jury that the defendant went back upstairs and beat a hole in the wall in attempt to get to the youngsters' rooms amid thick smoke filling the condo. The attorney argued that had it not been for the timely arrival of firefighters, Lopez, too, would have died from smoke inhalation. ``What more can you ask of a parent than to give their life and if not for whatever matter of seconds it would have been or a minute before he was brought out and resuscitated, he would have been dead along with the children,'' Neuharth said. Sutterley argued Lopez's first instinct was selfishness and self- preservation, as ``he was so deep into a bottle of whiskey and a cigarette that he forgot (the children) were there or abandoned them on purpose. But either way, as a parent, your first thought is to save your children. Your first thought is to your kids. It's not to yourself. It's not to the front door. It's to save your children.'' 5315
SAN DIEGO (CNS) - San Diego's 73rd City Council was sworn in Thursday morning alongside new Mayor Todd Gloria, bringing a Democratic supermajority to the council chambers.Departing councilmembers Georgette Gomez, Barbara Bry, Chris Ward, Mark Kersey and Scott Sherman offered thanks to the citizens of San Diego and words of advice to incoming councilmembers Joe LaCava, Stephen Whitburn, Marni von Wilpert, Raul Campillo and Sean Elo-Rivera as the city faces one of the most tumultuous periods in its history.The 73rd City Council must contend with the ongoing COVID-19 pandemic and all the physical, economic and budgetary issues it presents the city. Other major items before the council, which now sits at an 8-1 Democrat advantage, include the city's Climate Action Plan and battling climate change, homelessness and rising housing prices, the cleanup of the Tijuana River Basin, social and racial justice and large-scale projects such as Pure Water.A visibly emotional Gomez thanked her family, wife and supporters for a brief but significant four-year term representing the city's District 9. Her tenure, including the last two years as Council President, saw a citywide focus on climate change, racial justice and infrastructure projects.Her replacement, Elo-Rivera, said he would continue radical reform to better the city. He drew issue with the description of the many problems caused by COVID-19 as "unprecedented.""For too many San Diegan families, the challenges presented by COVID- 19 are not unprecedented but all too typical," he said. "We must not go back to normal. Normal is not good enough."Bry, a candidate for mayor against Gloria, said she was proud of her four years representing District 1 and that she would continue to "demand accountability," from city government. She pointed to the 101 Ash Street real estate deal and the failed Soccer City proposal as examples where she blew the whistle about backroom deals.Her replacement, LaCava, said his engineering background would continue Bry's policy of no-nonsense straight talk. He hoped to work with all city departments to survive the pandemic."Successful navigation of these uncertain pandemic waters will take all of us working together," he said.District 3's Whitburn thanked his predecessor, now-Assemblyman Chris Ward, for continuing to "break the rainbow ceiling." He was sworn in by former Councilwoman Christine Kehoe -- the first openly LGBT person elected to office in San Diego County in 1993 -- and all LGBT former District 3 councilmembers were in attendance. This included Kehoe, Senate President Pro Tempore Toni Atkins, Gloria, Ward and now Whitburn himself.He said he wanted to move forward with the city into a new era."We need to advance past the us versus them mentality," that he said plagued politics around the country but especially in San Diego.Von Wilpert took over from Mark Kersey in District 5 and said she was dedicated to empowering justice throughout the city. She said action must be swift and decisive on how to tackle COVID-19."With a vaccine on the verge, hope is on the horizon," she said, adding the importance of bipartisanship. "We must reject anger and division."In District 7, former Councilman Scott Sherman said he stuck to his guns and didn't sell out to special interests.He reminded his former colleagues and the new elected officials of their responsibility."It's not your money," Sherman said. "We are stewards of the taxpayers' money."His replacement, Campillo, said although he comes from a different political party than Sherman, all the members of the council serve their constituents."We must not let the past impede us," he said. "San Diego has more young people, more diversity, but more to fix than ever."Later in the afternoon, the council selected Jennifer Campbell, who represents District 2, as its president. The council voted 5-4 in favor of Campbell over District 4 Councilwoman Monica Montgomery Steppe. 3955

SAN DIEGO (CNS) - San Diego County Treasurer-Tax Collector Dan McAllister reminded local residents today there is just one week remaining to reclaim more than 0,000 in tax refunds before the money enters the county's general fund.``The impacts of COVID-19 have left many families in need of money, so we want to return every cent available,'' McAllister said. ``Tell your friends, family, and coworkers to check the list on sdttc.com.''San Diegans can visit that website to see if their name is on the list of the 1,190 refunds that total 0,324. The average refund is 8.If a resident does find their name on the list, they can follow the instructions on the unclaimed money page to file a refund claim by October 26.If owed a refund, email the claim to refunds@sdcounty.ca.gov or call 1-877-829-4732 for more information. Anyone can sign up to receive emails when new unclaimed money lists are posted.``San Diegans have filed claims for only ,504 of this money since we posted the refund list in August, meaning 2,820 will be rolled over to the county's general fund if it is not claimed in the next week,'' said McAllister.The smallest refund amount available is , and the largest refund amount is ,111, owed to Amerus Life Insurance Co.Every year, the Treasurer-Tax Collector attempts to reunite San Diegans with money they have overpaid on taxes or fees. In the past five years, the office has refunded nearly 0,000.Current state law says countywide money that is unclaimed for three years and property tax refunds that are unclaimed for four years must be turned over to the county's general fund. 1632
SAN DIEGO (CNS) -- San Diego County's recommended .4 billion budget for fiscal year 2020-21, which was released Monday, includes 0 million dedicated to testing, medical supplies, food distribution and other needs related to the COVID-19 public health crisis.Calling COVID-19 "the county's top budgetary priority," county leaders released a statement announcing the Health and Human Services Agency will see an increase of 0 million to support the county's Testing, Tracing and Treatment Strategy, personal protective equipment, and other resources and efforts in its pandemic response.Another million is earmarked for technological resources related to behavioral health services, including telehealth, electronic health record upgrades, outreach and engagement, workforce recruitment and retention.The COVID-19-related economic downturn also affected other sectors of the budget, with county officials expected to dip into reserves and slow or stop "non-essential services and projects" in order to address revenue shortfalls.The proposed spending plan is 9 million -- or 2.5% -- larger than the last fiscal year's budget.Budget increases include an additional .7 million to address homelessness in unincorporated county areas and 0,000 to develop a Flexible Housing Subsidy Pool to help homeless individuals move into permanent housing. Other budgetary increases related to homelessness include million to address homelessness among people ages 24 or younger, and .6 million to the Sheriff's Homeless Assistance Resource Team, which partners sheriff's deputies with local service agencies to help connect homeless individuals with much-needed services.The budget includes a .5 million increase for Child Welfare Services and a .2 million increase for the C3 for Veterans program, which helps local veterans with housing assistance, care coordination and vocational opportunities.The budget also calls for a .7 million net decrease in the Capital Program, but does include 5.9 million toward a number of projects, including .3 million to enhance and renovate the Rock Mountain Detention Facility, million for design and construction of the Innovative Residential Rehabilitation Program, .3 million for expansion and improvements at various county parks, and .2 million to construct the Mt. Laguna and Palomar Mountain fire stations, as well as planning for the East Otay Mesa Fire Station.Other county priorities outlined in the budget include .1 million to implement the Community Air Protection Program to improve air quality, the expansion of Crisis Stabilization Units and commencement of non-law enforcement Mobile Crisis Response Teams, and the design and implementation of an earthquake early warning system pilot program.Virtual budget hearings will begin Aug. 10. The San Diego County Board of Supervisors is scheduled to deliberate and adopt the budget at an Aug. 25 virtual public hearing.More information on the budget is available at https://www.sandiegocounty.gov/openbudget. 3048
SAN DIEGO (CNS) - The guided-missile destroyer USS Pinckney returned to Naval Station San Diego today following a nine-month deployment. Pinckney, along with a detachment from Helicopter Maritime Strike Squadron 75, deployed in January with the Theodore Roosevelt Carrier Strike Group to the U.S. 7th Fleet/East Asia/Pacific region. The Pinckney crew in April joined with the U.S. 4th Fleet's Caribbean and Central and South America areas of operation for counternarcotics operations.``The sailors of Pinckney have helped make the United States a safer place to live,'' said Cmdr. Andrew Roy, Pinckney's commanding officer. ``I thank all Pinckney sailors and U.S. Coast Guardsmen who overcame many obstacles to make sure illicit narcotics will never make it into our homes, schools or communities.''During Pinckney's deployment, the crew of the destroyer -- along with an embarked U.S. Coast Guard Law Enforcement Detachment -- recovered 9,800 kilograms of cocaine and 2,800 pounds of marijuana with an estimated wholesale value of 0 million. In addition, Pinckney conducted navigation operations and participated in a passing exercise with the Guatemalan navy.``A lengthy deployment is always challenging, even more so in the midst of a global pandemic that kept us all on the ship for the past six months,'' said Cmdr. Ryan Conole, Pinckney's executive officer. ``Our team was able stay focused and on mission, and we could not have done that without the support of our families and friends back home who were also dealing with an incredibly challenging environment on the homefront.'' 1598
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